Halloween this year fell on a Monday, and perhaps you were trick-or-treating in Memphis with your child when you were struck by a car. This is a tragic but not unheard-of scenario. Halloween can be a deadly time for pedestrians.
The statistics on Halloween crashes
Halloween sees a significant number of fatal auto-pedestrian crashes. One source reports that your chance of dying in an auto-pedestrian accident is 50% greater on Halloween than other days of the year. Sadly, 18% of fatal Halloween collisions involve children.
The day of the week Halloween falls on can lead to more or fewer fatalities. Generally, Halloweens that fall on a weekday, such as the Halloween this year, see 11% more deadly wrecks than Halloweens that fall on a weekend. The four worst days for Halloween crashes are Friday, followed by Tuesday, Sunday and Thursday.
Pursuing a lawsuit following a Halloween crash
If you or a loved one were injured this past Halloween after being struck by a car, you will want to know what your options are. Depending on the circumstances you may be able to pursue a lawsuit based on negligence.
You need to satisfy the following elements to prevail in a negligence lawsuit. First, you must establish that the defendant owed you a duty of care. Second, you must show that this duty was breached. Third, you must show that but-for the crash you would not have been injured and that the injury was a foreseeable result of the defendant’s negligent actions. Finally, you must show you suffered compensable damages.
Pursuing a personal injury lawsuit can be a complex process, and not everyone is successful. Still, if you were injured in a car wreck, you should explore all your options for compensation.